Oakwood Tool and Engineering Co.

National Labor Relations Board - Board Decisions

Dec 31, 1958

122 N.L.R.B. 812 (N.L.R.B. 1958)

812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the meaning of Section 9(b) of the Act: All production and main-
tenance employees at the Employer's Huntington, New York, plant,
including the shipping clerks, stock clerks, storekeepers, stock crib
attendants, toolmaker, assembler technicians, testers, and including
in the electronics division, the engineering clerk, the clerk in the
engineering department, the clerk typist in the production depart-
ment, the clerk typist in the engineering department, and including
in the fluid systems division, the clerk scheduling, the expediter,
the shop release clerk, the chief shipping clerk, the blueprint con-
trol clerk, the clerk typist in the manufacturing-engineering sec-
tion, the secretary in the inspection department, the secretary in
engineering, the production inspector, Alan Morton, production
inspectors, the leadmen, Olof Ericsson, and Alfred Lasda, the setup
leadman Arnold Eisman, the screw machine operator, Herbert
Luning, working leadmen, and setup working leadmen, but exclud-
ing in the electronics division, the material coordinators, the pro-
duction coordinators, the working foremen, the working supervisor,
the junior designers, the senior draftsmen, the draftsmen, the junior
draftsmen, the technical illustrator, the senior electronic technicians,
electronic technicians, junior electronic technicians, mechanical tech
nicians, senior test technicians, test technicians grade I, test tech-
nicians grade II, engineers, employees of the sales and administra-
tive departments, and excluding in the fluid systems division, the
shop controllers, the designer, Robert Smith, designers, estimators,
methodsmen, draftsmen in engineering, design engineer, specifica-
tions reviewer, employees of the sales, accounting, customer services,
personnel and purchasing departments, and all office clerical em-
ployees, technical employees, professional employees, watchmen,
guards, section heads, working foremen, and supervisors as defined
in the Act.
[Text of Direction of Election omitted from publication.]
Harry F. Shuey and Marion M . Shuey, d/b/a Oakwood Tool
and Engineering Company and Marvin W. Wahler , Petitioner
and International Union, United Automobile , Aircraft and
Agricultural Implement Workers of America, Local No. 888,
UAW, AFL-CIO, successor to Miami Valley Tool and Die
Workers Guild (Independent). Case No. 9-RD-201. Decem-
ber 31, 1958
DECISION AND DIRECTION OF ELECTION
Upon a decertification petition duly filed under Section 8(c) of
the National Labor Relations, Act, a hearing 'was held before
122 NLRB No. 93.
OAKWOOD TOOL AND ENGINEERING COMPANY 813
Clifford L. Hardy, hearing officer.' The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Leedom and Members Bean and Fanning].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act,
2. The labor organization involved claims to represent certain
employees of the Employer?
3. On April 30, 1957, the Board certified Miami Valley Tool and
Die Workers Guild, (Independent), herein called the Guild, as
bargaining representative for the employees involved in this pro-
ceeding. No contract has been executed since that time.
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, Local No. 888, UAW, AFL-
CIO, herein called the UAW, was permitted to intervene at the
hearing on its claim to successorship of the Guild certification. The
hearing officer, however, denied the UAW's motion to amend the
petition and other formal papers to show a change in the name of
the certified union. He referred to the Board the UAW's motion
that its name be placed on the ballot in any election directed by
the Board. For the reasons stated below, this motion is hereby
granted.
The record shows that during the summer of 1958, the Guild
.decided that it could serve its members more effectively if it
affiliated with a larger union. After investigation, by a number of
officers and members of the Guild, it was decided to affiliate with
the UAW. A resolution to that effect was prepared and sent to
all members of the Guild, who were advised that this resolution
would be discussed and voted on at a subsequent membership
meeting.3 At a meeting held on August 13, the resolution was
adopted by a vote of 146 for, and 14 against, affiliation with the
UAW.' The Guild then applied to the UAW for a charter, which
was received about August 18. There is no evidence of any activity
'At the hearing , the petition and other formal papers were amended to show the cor-
rect name of the Employer. The name of the Union in the caption is amended in accord-
ance with our findings hereinafter.
2 The Petitioner , an employee of the Employer, asserts that the certified union is no
longer the bargaining representative, as defined in Section 9(a) of the Act, of the
employees involved herein.
'Guild members were advised of the meeting by the regular Guild publication, by
notices posted on plant bulletin boards, and by an extensive telephone campaign en-
couraging members to attend the meeting.
'The resolution empowered the officers to notify all employers of the change in affilia-
tion, and to petition the National Labor Relations Board to substitute the UAW for the
Guild on all certifications.
814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
on the part of the Guild since that time. Substantially all officers
of the Guild are Mw officers of the UAW.
The record indicates that the Guild is now defunct and that the
UAW is the successor to the Guild. Accordingly, we find that a
-question affecting 'commerce exists concerning the representation
,of employees of the Employer within the meaning of -Section
9(c) (1) and Section 2(6) and (7) of the Act. We shall place
the UAW on the ballot in the election directed below but, in order
to avoid any possible confusion, we shall indicate on the ballot
that the UAW is successor to the Guild 5
4. The Petitioner requests that decertification election be held
in the certified unit. The Union would exclude tool designers from
the unit in which they have been included, on the ground that they
are technical employees. It is now established Board policy that a
decertification election will be directed only in the recognized or
-certified units We shall therefore,. 'include tool designers in the
unit.
We find that all employees of the Employer at its Dayton, Ohio
plant, including tool crib attendants and tool designers, but ex-
cluding office clerical and professional employees, guards, and
supervisors as defined in the Act, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Sec-
tion 9(b) of the Act.
[Text of Direction of Election omitted from publication.]
e Cf. Suburban Propane Gas Corporation, 86 NLRB 1232.
e Campbell Soup Company , 111 NLRB 234 ; Westinghouse Electric Corporation, 115,
NLRB 530.
W. P. Fuller & Company, Petitioner and Hawaii Teamsters and
Allied Workers, Local 996 and United Brotherhood of Carpen-
ters & Joiners of America, Local No. 745. Case No. 37-RM-21.
December 31, 1958
DECISION AND ORDER
Upon a petition duly filed under Section 9(c) of the National
Labor. Relations Act, a hearing was held before David E. Davis,
hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Chairman Leedom and Members Bean and Fan-
ning.]
122 NLRB No. 87.